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American Telephone and Telegraph Co. v. Equal Employment Opportunity Commission

Dismissal of plaintiff's declaratory judgment case affirmed; EEOC's action regarding AT&T's policy of not giving credit for work time missed due to pregnancy that occurred prior to 1979 did not constitute final agency action and was, therefore unreviewable.

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Argued September 10, 2001

Opinion for the Court filed by Chief Judge Ginsburg.

AT&T seeks a declaratory judgment against the Equal Employment Opportunity Commission to the effect that the Company is not required to give former employees credit for work time they missed due to pregnancy before passage of the Pregnancy Discrimination Act of 1979. The district court granted the Commission’s motion to dismiss for want of final agency action. AT&T contends that the Commission had taken final action because, although it had not yet sued the Company, it had concluded that AT&T’s policy violates the Act and had taken steps toward filing a lawsuit on that ground. We hold that course of conduct does not constitute final agency action and is therefore unreviewable.

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